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Patna High Court

Bhola Shah @ Gulam Hasnain @ Gulam HaisainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to the appellants, subject to their surrender before the trial court on 24‑03‑2026.

Summary

The appellants Bhola Shah, Manna Shah and Mahbub Shah were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly abusing and assaulting the informant's son on caste grounds. They contended that they have clean antecedents and that the FIR’s allegations of abuse and assault are vague and not specific. The State opposed the appeal for anticipatory bail under Section 14(A)(2) of the SC/ST Act, arguing that cognizance had been taken, invoking the bar of Section 18. The Court, after hearing both sides, found the allegations insufficiently specific to justify denial of bail and, despite the cognizance, granted the privilege of anticipatory bail subject to the appellants surrendering before the trial court on 24‑03‑2026. The trial court was directed to consider their case on the same day. The appeal was consequently disposed.

Issues considered

  • Whether anticipatory bail can be granted under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act when cognizance has been taken.
  • Whether the allegations of caste‑based abuse and assault are sufficiently specific to deny bail.
  • Whether the bar under Section 18 of the SC/ST Act applies in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • cognizance
  • Section 18 bar
  • IPC offences
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3872 of 2024
                    Arising Out of PS. Case No.-208 Year-2024 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
           1.     Bhola Shah @ Gulam Hasnain @ Gulam Haisain Son of Mahmud Shah
                  Resident of Village - Kazichak Ward No.7, P.S. - Rafiganj, District -
                  Aurangabad
           2.    Manna Shah @ Gulam Hassan Son of Mahbub Shah @ Mahbub Alam
                 Resident of Village - Kazichak Ward No.7, P.S. - Rafiganj, District -
                 Aurangabad
           3.    Mahbub Shah @ Mahbub Alam Son of Late Israil Resident of Village -
                 Kazichak Ward No.7, P.S. - Rafiganj, District - Aurangabad

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Upendra Chaudhary Son of Late Banshi Chaudhary @ Wanshi Chaudhary
                 Resident of Village - Kazichak, P.S. - Rafiganj, District - Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Ashok Kumar Singh, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Special P.P.
                 For Res. No.2           :        Ms. Leelawati Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   12-03-2026                 Heard learned counsel for the appellants, Mrs. Usha

                   Kumari-1, learned Special P.P. for the State as well as learned

                   counsel appearing on behalf of the informant.

                               2. This is an appeal under Section 14(A)(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 11.06.2024, passed by learned Court of Scheduled

                   Caste/Scheduled Tribe (Prevention of Atrocities) Act-cum-1st
Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
                                             2/4




          Additional District & Sessions Judge, Aurangabad in connection

          with Rafiganj P.S. Case No.208 of 2024, registered under

          Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal

          Code as well as Section 3(I)(d)/3(dha)/3(2)(va) of the SC/ST

          (POA) Act, 1989.

                       3. Learned counsel appearing on behalf of the

          appellants submits that appellants are persons with clean

          antecedent and the informant alleges that his son had gone to the

          grocery shop on 24.05.2024 near a mosque, where Bhola,

          Manna and Mahboob were present from before, further the

          accused persons abused his son by taking caste name and even

          assaulted causing injury on head, on account of which, his son

          became unconscious.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that

          allegation of assault is not specific. It is next submitted that no

          doubt it is alleged that the appellants abused the informant’s son

          by taking caste name but then it does not appear probable that

          all the accused in one go would have hurled abuses against the

          son of the informant, as such, even allegation of abuse is general
Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
                                             3/4




          and omnibus in nature. It is further submitted that even the

          injury suffered by the injured has been opined to be simple in

          nature. It is next submitted that police in mechanical manner

          submitted charge-sheet based on which cognizance came to be

          taken and thereafter process under Section 82 Cr.P.C. was issued

          on 22.09.2024, i.e., within four months of instituting the instant

          FIR. It is also submitted that this amply demonstrates that how

          police in mechanical manner applies for seeking process under

          Section 82 Cr.P.C. and the court too in mechanical manner

          issues the same. It is fairly submitted that since cognizance has

          been taken that amply demonstrates that a prima facie offence

          has been committed and thus bar of Section 18 of the SC/ST act

          applies but then it is submitted that in the nature of allegation, as

          alleged, whether it would be prudent for the Court to send the

          appellants to jail when allegation of abuse and assault is not

          specific.

                       5. The learned Special P.P. and the learned counsel

          appearing on behalf of the informant oppose the appeal but then

          are not in a position to rebut the submission of the learned

          counsel appearing on behalf of the appellants that appellants are

          persons with clean antecedent and the allegation of abuse and

          assault is not specific.
               Patna High Court CR. APP (SJ) No.3872 of 2024(6) dt.12-03-2026
                                                            4/4




                                      6. The Court after hearing the learned counsel for the

                         parties was inclined to grant the privilege of bail to the

                         appellants but for the order of cognizance, as such, the

                         appellants are directed to surrender before the learned Trial

                         Court on 24.03.2026 and if the appellants surrender on

                         24.03.2026, in that event, the learned Trial Court shall consider

                         their case on the same day.

                                      7. The order has been passed in presence of the

                         learned counsel appearing on behalf of the informant.

                                      8. The appeal is disposed of in the aforesaid terms.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T


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